Holding a BNO passport does not automatically grant the right to live in the UK—a common misconception. Instead, BNO status provides access to the BNO visa route, which comes with specific eligibility requirements, costs, and conditions. From work rights to long-term settlement, understanding these rules is essential for anyone looking to make the move.
For UK employers, businesses, and policymakers, the rise in BNO applicants also presents opportunities and challenges. Talent mobility, integration support, and immigration compliance all come into play.
What is a BNO?
British National (Overseas) status is a specific type of British nationality. It was created by the Hong Kong Act 1985 for British Dependent Territories citizens of Hong Kong.
BNO status was not granted automatically; eligible individuals had to register before the end of the transfer of the territory to Chinese sovereignty in 1997.
Someone who was a British overseas territories citizen by connection with Hong Kong was able to register as a BNO before 1 July 1997.
British overseas territories citizens from Hong Kong who did not register BNO status and held no other nationality on 30 June 1997 became British overseas citizens on 1 July 1997.
BNO status is retained for life and is not affected by dual or mulitple nationality.
If you’re not already a British (overseas) national, you cannot apply for this status. BNO status is neither inheritable nor transferable. It has not been possible to attain the status since 1997, when the registration period ended. This also means children of BNOs do not obtain this status through their parents.
BNOs are recognised as Commonwealth Citizens. They are not British citizens and do not have the Right of Abode in either the UK or Hong Kong.
As Commonwealth Citizens, BNOs are afforded a number of rights in the UK, including being able to vote if they have lived in the UK for more than six months and apply for Indefinite Leave to Remain if they have lawfully resided continuously in the United Kingdom for five years.
A BNO (British National Overseas) is a type of British nationality granted to certain Hong Kong residents before the handover of Hong Kong to China on 1 July 1997. Individuals who registered for BNO status before this date were recognised as British Nationals (Overseas) and could apply for a BNO passport, which serves as a travel document but does not grant automatic right of abode in the UK.
What is a BNO passport?
Unlike British citizens, BNOs are subject to UK immigration control.
BNOs are entitled to apply for a BNO passport, which is a specific type of British passport that can be used as a travel document for international travel.
A BNO passport (British National Overseas passport) is a travel document issued to individuals with British National (Overseas) status, a form of British nationality granted to certain Hong Kong residents before 1 July 1997. It does not grant automatic right of abode in the UK or full British citizenship.
Key Features of a BNO Passport:
• Issued to Hong Kong residents who registered for BNO status before the 1997 handover.
• Does not provide automatic UK residency or work rights.
• Valid for travel, but visa requirements depend on the destination country.
• Can be renewed, but an expired passport does not affect BNO status.
BNO Passport and UK Residency:
Since 2021, BNO status holders have been eligible to apply for the BNO visa, which allows them to live, work, and study in the UK. The visa provides a pathway to Indefinite Leave to Remain (ILR) after five years, leading to British citizenship after a further year.
While holding a BNO passport is not required to apply for a BNO visa, applicants must prove their BNO status. The UK Home Office can verify this, even if the passport has expired.
BNO passport holder rights
A BNO is not the same as a full British citizen. BNOs do not have the right to live or work in the UK without a visa. However, in 2021, the UK government introduced the BNO visa, allowing BNO status holders and their dependants to live, work, and study in the UK, with a route to settlement and British citizenship.
BNO status cannot be inherited and is no longer open to new applicants. Those who hold this status can still renew their BNO passport, but it is not a requirement for applying for a BNO visa.
A British National (Overseas) passport (BNO passport) is issued to individuals who registered for BNO status before 1 July 1997 when Hong Kong was still under British rule. Holding a BNO passport does not grant full British citizenship or the automatic right to live and work in the UK. However, it does provide access to specific rights and entitlements, particularly under the BNO visa scheme introduced in 2021.
Rights of BNO Passport Holders
1 Visa-Free Travel to Certain Countries
BNO passport holders can travel visa-free or with visa-on-arrival to several countries, though this varies depending on international agreements. However, they require a visa for extended stays in most countries, including the UK.
2 Eligibility for the BNO Visa
Since 2021, BNO passport holders and their dependants have been eligible for the BNO visa, which allows them to live, work, and study in the UK. This visa provides a pathway to Indefinite Leave to Remain (ILR) after five years, followed by British citizenship after a further year.
3 Right to Work in the UK (With a BNO Visa)
BNO passport holders who obtain a BNO visa can work in the UK without employer sponsorship. They can take up employment or be self-employed in any profession except those requiring specific security clearances.
4 Access to Education in the UK
Under the BNO visa, holders and their dependants can study in the UK at schools, colleges, and universities. Children under 18 can attend state-funded schools like any other resident.
5 Healthcare Access (With a BNO Visa)
BNO visa holders must pay the Immigration Health Surcharge (IHS), which allows them to access NHS healthcare in the UK on the same basis as UK residents.
6 No Access to Public Funds
BNO visa holders cannot claim public benefits, such as Universal Credit, housing assistance, or jobseeker’s allowance. They must prove financial self-sufficiency when applying for the visa.
7 Consular Assistance
BNO passport holders can seek consular assistance from British embassies abroad, but their rights are more limited compared to full British citizens.
| Right / Entitlement | Details |
|---|---|
| Visa-Free Travel | Can enter certain countries without a visa or with visa-on-arrival, but visa requirements vary by destination. |
| Eligibility for BNO Visa | Can apply for the BNO visa, allowing residence, work, and study in the UK, with a route to settlement. |
| Right to Work in the UK | Can work freely in the UK without employer sponsorship if holding a BNO visa. |
| Access to UK Education | BNO visa holders and their children can study at UK schools, colleges, and universities. |
| Healthcare Access | Can use NHS services if they pay the Immigration Health Surcharge (IHS) as part of their visa application. |
| No Access to Public Funds | Cannot claim UK benefits such as Universal Credit or housing assistance. |
| Consular Assistance | Eligible for limited consular support from British embassies abroad, but not full diplomatic protection. |
Can you apply for UK citizenship as a BNO?
Under current rules, in limited circumstances, BNOs may be eligible to register as a British citizen, provided they can show they meet the relevant qualifying criteria.
BNO British citizenship registration: British National (Overseas) with no other nationality
This refers to registration as a British citizen by descent. As well as being a British National (Overseas), you must not have lost, given up or held any other citizenship or nationality to register under this route.
Note that you do not necessarily have to have had a passport to have held nationality of a particular country.
BNO British citizenship registration: 5 years residency in Hong Kong
Under the British Nationality (Hong Kong) Act 1997, as a BNO you may be able to register as a British citizen if you held British nationality either on or after 3 February 1997, you meet the Hong Kong residency requirement and satisfy the good character test. You must also not have held any other non-British nationality.
Under the residency requirement, you have to be ordinarily resident in Hong Kong on the date of your application and also immediately before 4 February 1997. If you were born after 3 February 1997, your application must be considered against the requirements as if the reference to “immediately before 4 February 1997” were a reference to the date on which they born.
To be classed as “ordinarily resident” in Hong Kong you must live there full time with lawful immigration status and had moved there voluntarily to settle.
BNO British citizenship registration: 5 years residency in the UK
You may also be able to apply for registration as a British citizen if you have been resident in the UK for a minimum of 5 years immediately prior to making your application. Other conditions include not having been absent from the UK for more than 450 days during the 5-year qualifying residency period, and for more than 90 days in the 12 months prior to your application. You will also have to show that you were present in the UK on the same day 5 years prior to making to your application and that you have no immigration breaches from this period.
BNO British citizenship registration: Crown service
Those who have provided crown or similar government service for a British overseas territory may also qualify to register, in exceptional circumstances. These include meeting the threshold for seniority of post, giving outstanding service and having close connection with the UK.
How to register British citizenship
To register for British citizenship, you will need to complete form EM and evidence your eligibility and pay the relevant fee.
As at June 2020, this is £1,206 per adult, per child. £1,012
If you do not send the correct documents your application could be delayed or refused without a refund.
Need assistance?
British nationality law is complex and UK Home Office applications are both lengthy and costly. For advice on your eligibility or on the possible changes to BNO rights in the UK, contact us and speak to our experts. We can also advise on general UK visa requirements.
BNO passport FAQs
What is a BNO passport?
A British National (Overseas) passport (BNO) is a travel document issued to people from Hong Kong who registered for BNO status before 1 July 1997. It does not grant automatic UK residency or right to work.
Can BNO passport holders live in the UK?
Holding a BNO passport alone does not give the right to live in the UK. However, BNO status holders can apply for the BNO visa, which allows them to live, work, and study in the UK for up to five years, with a pathway to settlement.
What are the benefits of the BNO visa?
The BNO visa allows holders to live and work in the UK without employer sponsorship. After five years, they can apply for Indefinite Leave to Remain (ILR), and after one more year, they may apply for British citizenship.
Can BNO passport holders bring family members to the UK?
Yes, BNO status holders can bring their dependants, including spouses, partners, and children under 18. In some cases, adult dependent relatives may also qualify.
Do BNO passport holders need a visa to visit the UK?
BNO passport holders can visit the UK for up to six months without a visa, but they cannot work, study long-term, or settle without applying for the appropriate visa.
What is the cost of a BNO visa?
The application fee depends on the length of stay: £180 for a 30-month visa or £250 for a five-year visa. Applicants must also pay the Immigration Health Surcharge (IHS), which allows access to the NHS.
Can BNO visa holders apply for benefits in the UK?
No, BNO visa holders do not have access to public funds such as housing benefits or Universal Credit. They must show they can support themselves financially.
How does a BNO passport differ from full British citizenship?
A BNO passport does not provide full British citizenship, right of abode, or automatic residency. However, BNO visa holders can apply for citizenship after six years of living in the UK (five years on a visa plus one year with ILR).
Do BNO passport holders need to renew their passport to apply for a BNO visa?
No, applicants only need to prove BNO status, even if their passport has expired. The Home Office can verify BNO status using official records.
Glossary
| Term | Definition |
|---|---|
| British National (Overseas) Passport (BNO) | A travel document issued to Hong Kong residents who registered for BNO status before 1 July 1997. It does not grant automatic right of abode in the UK. |
| BNO Visa | A visa allowing BNO status holders and their families to live, work, and study in the UK, with a pathway to settlement. |
| Indefinite Leave to Remain (ILR) | A status that allows individuals to live and work in the UK without immigration restrictions after five years on a BNO visa. |
| British Citizenship | Full UK nationality status that can be applied for after holding ILR for one year. |
| Right of Abode | The unrestricted right to live and work in the UK, which BNO passport holders do not automatically have. |
| Immigration Health Surcharge (IHS) | A fee paid by visa applicants to access the UK’s National Health Service (NHS) during their stay. |
| Public Funds | Government benefits such as Universal Credit and housing assistance, which BNO visa holders are not eligible for. |
| Expired BNO Passport | A BNO passport that is no longer valid for travel. However, an expired passport does not affect eligibility to apply for a BNO visa. |
| Right to Work | The legal authorisation required to be employed in the UK. BNO visa holders can work without employer sponsorship. |
| Dependants | Family members of a BNO visa applicant, including spouses, partners, and children under 18, who can apply to move to the UK under the same visa. |
| Visa Application Fee | The cost of applying for a BNO visa. Currently, fees are £180 for 30 months or £250 for five years, plus the IHS fee. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
